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(영문) 서울중앙지방법원 2015.04.09 2013가합31446
손해배상(기)
Text

1. The Defendants are the sequences indicated in [Attachment 1] Plaintiff E (No. 13).

Reasons

1. Basic facts

A. On May 23, 2011, Defendant Korea Rail Network Authority (hereinafter “Defendant Rail Network Authority”) obtained approval of the implementation plan of the H Project (hereinafter “instant project”) from the Minister of Land, Transport and Maritime Affairs pursuant to Article 9(1) of the former Railroad Construction Act (amended by Act No. 11690, Mar. 23, 2013). Around that time, Defendant D Co., Ltd (hereinafter “Defendant D”) contracted the instant construction project to Defendant D Co., Ltd. (hereinafter “Defendant D”).

B. B. Before the removal of obstacles owned by the Plaintiffs, the Plaintiffs: (a) installed obstacles, such as plastic houses, etc., in the I Station site in the instant project site before the instant project was implemented; (b) around April 201, the Plaintiffs cultivated various agricultural crops and trees; (c) around April 201, 201, the farmers engaged in agriculture in the instant project site were gathered and cultivated the JP Committee (hereinafter “CP”); and (d) Plaintiff E (No. 13) took charge of the chairperson, K’s director-general, and L, respectively.

3) In order to proceed with the compensation procedure for the owners of obstacles on the ground of the instant project site, including the Plaintiffs, Defendant Corporation is one appraisal corporation (hereinafter “one appraisal corporation”) around June 19, 2012.

As of July 6, 2012, the appraisal of obstacles was requested, and as a result, the details of obstacles and the appraised value of the transfer cost, which were investigated as of July 6, 2012, are as indicated in the “type of obstacles” column and “evaluation value” column as indicated in the “evaluation value” column (of them, fat, fat, fat, fat, and fat were excluded from the appraisal subject to appraisal.

(4) On October 5, 2012, Plaintiff E sent the content-certified mail on behalf of 364 farmers, which contains the following contents: (i) compliance with the principle of advance compensation, (ii) request for lump sum compensation (fixs, crops, and agricultural loss compensation) and (iii) failure to comply with the advance compensation principle, to the Defendant Corporation; and (iv) October 12, 2012.

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